Thursday, January 7, 2010

Canadian man with autism still in jail, after almost a year

From The Observer in Canada:

A new deadline looms for a Sarnia man who has lived in a jail cell for nearly a year with a serious behavioural disorder.

Ken McEwan's trial date on assault charges has been set for Feb. 18, after which his father expects him to be immediately released.

The problem is that no agency has agreed to house McEwan and his family isn't able to cope with him at home.

McEwan, 26, landed in jail after throwing a chair at a nurse at Bluewater Health.

McEwan suffers from Asperger's syndrome, an autism spectrum disorder, and is prone to violent outbursts if he's confused or upset.

He received a court order months ago stating he could be released if there's a supervised residence for him.

But his family as well as government officials said there's nowhere else for him to go.

Officials at Community Living Sarnia-Lambton, which cared for McEwan in the past, said they didn't have the appropriate staff available.

His family said they were not equipped to keep their son at home for any length of time and appealed to the provincial government for help.

McEwan's father, Harvey, said he wasn't satisfied with the help received from Community Living. As a result, McEwan remained in jail over the Christmas holidays.

He spoke with his father every day by telephone but hasn't seen his family outside of court for months.

"Ken doesn't want me to see him in jail because it's too rushed and there's too much confusion," Harvey McEwan said. "He prefers the phone."

He said jail employees treat his son well and there's been no outbursts while he's lived there.

"But it's very difficult having him in jail over the holidays. It's not right," his father said. "Even though the folks there treat him well, Ken wants out."

On Dec. 22, a trial date was set.

"It puts more pressure on us to try to figure out what will go on. Right now we don't have any options," said McEwan.

Mediation was attempted between the family and Community Living Sarnia-Lambton (CLSL) but didn't lead anywhere.

In late November, McEwan received a letter from Community Living executive director John Hagens to inform the family that his agency would no longer support his son.

"ClSL believes it's now in Ken's best interest to receive a fresh start with another agency..." the letter read in part.

Harvey McEwan said he holds out some hope that a meeting scheduled for today between the Ministry of Community and Social Services and a Toronto-based agency may result in a placement.

"I have to be hopeful. It's all we've got."